Minnessota's Crackdown on Internet Gambling Has All the Makings of Heady Legal and Political Drama
ByPolitics might just have gotten interesting, again.
The State of Minnesota has sent a letter to leading internet service providers operating within the state to inform them that they are compelled by Minnesota law to ban particular websites or IP addresses associated with online gambling. A seven-page blacklist is attached.
The controversy that arises from this may define Minnesota Governor Tim Pawlenty, a rising star in the Republican party, as a hero or a censor — or potentially both. Many social conservatives will cheer Pawlenty’s stand in favor of the right of a community to define its own values and protect itself against the social costs of gambling. Others will have questions about dormant commerce clause issues, takings, due process protections, and first amendment concerns. Is the practice technologically feasible or practical in the long run? What kind of technical and financial burden is being placed on the ISPs? Will compliance with Minnesota’s order somehow knock them out of the ISP safe harbor under the federal DMCA? Still others will be concerned that this agency procedure of blacklisting of IP addresses could be used as a model for further restriction of free speech on the internet in areas other than gambling.
We’re guessing that the controversy may pit conservatives who believe strongly in state’s rights and local governance against libertarians who are more focused on protection of individual rights.
It may also determine whether the GOP will be able to appeal to younger voters whose understanding of a political party’s relationship to liberty comes in large part from the party’s relationship to regulation of the internet.
This is one controversy to watch closely!
For those interested in learning more, Declan McCullugh’s continuing coverage of the matter for CNET should be worth a read.
